Bill Analyses and Ratings
Bill Information: H0604 – Mandatory Psychosexual Evaluations for Sex Offenders
Bill Summary
House Bill 604 amends Idaho’s sexual offender registration statutes to make psychosexual evaluations mandatory for all persons who plead guilty to or are found guilty of specified sex offenses. Previously, these evaluations were optional and only required if ordered by the court. The bill requires defendants to pay for these evaluations at their own expense and eliminates the previous provision that required counties to pay for evaluations when defendants demonstrated indigency.
The bill adds a new provision allowing courts to consider a defendant’s failure to provide a completed evaluation as an aggravating circumstance during sentencing. For indigent defendants, the bill permits the use of funds authorized for court-ordered counseling or treatment, but requires defendants to make restitution to any governmental entity that provides funding on their behalf. This restitution follows the same procedures used for crime victims under Idaho Code chapter 53, title 19.
The legislation includes an emergency clause making it effective July 1, 2026. The bill shifts financial responsibility from counties to defendants while maintaining access to evaluations through existing counseling funds for those who cannot afford them.
Overall Assessment
This bill strengthens criminal justice procedures for sex offenders by making psychosexual evaluations mandatory rather than optional, and allows courts to treat failure to complete evaluations as an aggravating factor in sentencing. The legislation shifts financial responsibility from counties to defendants, reducing local government expenditures while requiring defendants to repay any governmental entity that funds their evaluation. These changes enhance judicial tools for sentencing sex offenders while reducing county financial obligations.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (1)
The bill removes the county's obligation to pay for psychosexual evaluations for indigent offenders by deleting the provision stating 'unless the offender demonstrates indigency. In such case, the psychosexual evaluation...shall be paid for by the county.' This reduces local government financial burdens and shifts costs to defendants, who must make restitution if governmental funding is provided.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
This bill addresses criminal justice procedures for sex offender evaluations and has no connection to citizen participation in government, election processes, or government transparency.
ARTICLE III. EDUCATION (0)
The bill concerns psychosexual evaluations for convicted sex offenders and does not address education policy, schools, curriculum, or parental rights in education.
ARTICLE IV. AGRICULTURE (0)
This bill addresses sex offender evaluation requirements and has no connection to agriculture, farming, ranching, or agricultural markets.
ARTICLE V. WATER (0)
The bill concerns criminal justice procedures for sex offenders and has no connection to water rights, water management, or water policy.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
This bill addresses psychosexual evaluation requirements for sex offenders and has no connection to natural resources, environmental policy, or wilderness areas.
ARTICLE VII. ENERGY (0)
The bill concerns sex offender evaluation procedures and has no connection to energy policy, energy independence, or energy resources.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
This bill addresses criminal justice procedures and has no connection to the Idaho National Laboratory, nuclear research, or energy technology.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
While the bill requires payment from defendants, this is a criminal justice cost-shifting measure rather than a property rights issue involving takings, eminent domain, or regulatory restrictions on property use.
ARTICLE X. STATE AND FEDERAL LANDS (0)
This bill addresses sex offender evaluation requirements and has no connection to state or federal land management.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill concerns criminal justice procedures for sex offenders and has no connection to wildlife, fish and game management, hunting, or fishing.
ARTICLE XII. ECONOMY (0)
This bill addresses criminal justice procedures for convicted sex offenders and does not regulate commerce, industry, small businesses, labor, or transportation. The cost-shifting from counties to defendants is a criminal justice matter rather than economic policy.
ARTICLE XIII. HEALTH AND WELFARE (0)
While psychosexual evaluations involve healthcare services, this bill addresses criminal justice procedures for convicted sex offenders rather than healthcare access, health insurance, patient rights, or medical decision-making.
ARTICLE XIV. AMERICAN FAMILY (0)
This bill addresses evaluation requirements for convicted sex offenders and does not directly address family structure, parental rights, marriage, or child protection policies.
ARTICLE XV. OLDER AMERICANS (0)
The bill concerns sex offender evaluation requirements and has no connection to older Americans, retirement, or services for the elderly.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (1)
The bill strengthens criminal justice procedures by making evaluations mandatory ('shall undergo...a psychosexual evaluation') rather than optional. It adds a new provision allowing courts to 'consider the failure of the defendant to provide the evaluation as an aggravating circumstance in determining an appropriate sentence,' enhancing judicial tools for sentencing sex offenders.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
This bill addresses sex offender evaluation requirements and has no connection to national defense, military, border security, veterans, or terrorism.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill concerns criminal justice procedures for sex offenders and has no connection to judicial elections or constitutional interpretation.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
This bill addresses mandatory psychosexual evaluations for convicted sex offenders and has no connection to religious freedom or free exercise of religion.